Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 72
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DECISIONS ON MINES AND MINING.
by constructing ditches diverted the waters of a stream and caused
them to flow through a pit-hole into the mine, thereby filling the
entries, obstructing the mining operations, and damaging the mine.
Subsequently the owner of the coal leased the same and the lessee
began mining operations, but the surface owners, over the protest
and remonstrance of the lessee, continued to flood and injure the
mine. In an action by the lessee for damages and to recover for the
injuries done to the mine after the execution of the lease, the fact
that mining operations had been suspended for a period of 15 years
was not available to the surface owners as a defense to the action
or as a justification for wrongfully flooding the mine even during
the suspended operation.
Sorg v. Frederick (Pennsylvania), 100 Atlantic 481, p. 483.
ADJACENT OWNER MINING COAL UNDER STREET-REGULATION.
The owner of coal lands abutting upon a highway or street may
not mine and remove the coal from under the street, if the mining
destroys or would tend to destroy the street. The owner's mining
of coal on his own premises outside of the bounds of the street is
prima facie lawful and he is not required to leave the coal for the
lateral support of the street unless it is made to appear clearly that
the mining of the coal will injure the street. It is within the power of
a court in an action to enjoin the mining of coal from adjacent land
or from under a street to determine and decree the manner in which
the mining may be done and what part, if any, of the underlying coal
may be mined and removed by the landowner and by its decree
properly protect the interests of a city and of the public.
City of Scranton v. Scranton Coal Co. (Pennsylvania), 100 Atlantic 813, p. 819.
RIGHT TO SUPPORT.
SEVERANCE OF SURFACE AND MINERALS WITHOUT RIGHT TO SUPPORT.
In the city of Scranton there is a tract of land on which certain
public streets, avenues, and boulevards have been dedicated to the
public. The surface ownership had been severed from the coal
rights and the latter owned by a coal-mining company. Some of
the streets were dedicated before and some after the severance of
the surface and mineral rights. The surface was rightfully sold
without right of support and the streets subsequently established
were dedicated by the owners of the surface only and without right
of support being secured from the owners of the subsurface. An
application for an injunction by the city of Scranton to prevent
the removal of the pillars, or what is called "second mining," by
which the pillars left in a mine to support the roof and surface are
mined out and removed, was denied on the ground that the evidence
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Thompson, Joseph Wesley. Abstracts of Current Decisions on Mines and Mining: May to August, 1917, report, December 1917; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc38745/m1/86/: accessed May 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.